OPA: Grimshaw House - City of Anaheim

shall be true and correct in all material respects.
(iv) No Litigation. No litigation shall be pending or threatened
by any third parties which seeks to enjoin the transactions
contemplated herein.
(v) Execution of Documents. Agency shall have executed and
delivered into Escrow all documents to which Agency is a
Party.
(vi) Deposit of Funds. Agency shall have deposited all funds
and shall have made all payments required to be deposited
and made by Agency for the Closing pursuant to this
Agreement.
(vii) Review and Approval of Title. Developer shall have
reviewed and approved the condition of title, as provided in
Section 304.5 of this Agreement .
(viii) Title Policy. The Title Company shall, upon payment of
the Title Company’s regularly scheduled premium, be
irrevocably committed to issue the Title Policy and all
Approved Endorsements upon the Close of Escrow, in
accordance with Section 304.6 of this Agreement.
(ix) Land Use Approvals. Developer shall have obtained all
Entitlements and land use approvals required to commence
and complete the construction of the Developer
Improvements.
304.9 Termination of Escrow. Escrow may be cancelled as set forth in this
Section.
(A) Developer’s Notice to Terminate during Developer’s Due
Diligence Period. In the Event that Developer delivers to Agency
Developer’s Notice to Terminate prior to the termination of
Developer’s Due Diligence Period, Escrow shall be cancelled,
Developer shall pay all escrow cancellation charges and this
Agreement shall be terminated, unless Agency has made Agency’s
Election to Remediate. In such event, Agency shall retain the
Developer Deposit
(B) Escrow Not in Condition to Close. If the Escrow is not in a
condition to close by the Outside Closing Date, then either Party
which has fully performed under this Agreement may, in writing,
demand the return of money, documents or property and terminate
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